Can a 21 year old be a derivative beneficiary?
Unmarried children under the age of 21 may immigrate with their parents as “derivative beneficiaries” under certain immigrant visa categories. Problems arise, however, when a child of the petitioner ages out of this eligibility before his/her parents’ immigrant visas are issued.
When are children can immigrate as derivative beneficiaries?
“lead beneficiary” in his or her own right, if a petition was filed for the child directly. When Children Can Immigrate as Derivative Beneficiaries. A child can be a derivative beneficiary if two requirements are met. First, the child must meet the legal definition of “child” under U.S. immigration law. (See I.N.A. § 101(b).)
Who is a derivative beneficiary of an I-130 petition?
A derivative beneficiary includes a minor child (under age 21) of a principal beneficiary of an I-130 petition. When the derivative child turns 21 and “ages out,” the child is no longer eligible to immigrate as a derivative beneficiary of the I-130 petition for her parents.
What are the 9 FAM 502.1 IV visa classifications?
Immigrant visa classifications 9 FAM 502.1 IV Classifications Overview (CT:VISA-1021; 02-27-2020) (Office of Origin: CA/VO/L/R) 9 fam 502.1-1 iv categories, beneficiaries 9 FAM 502.1-1(A) Related Statutory and Regulatory Authorities 9 FAM 502.1-1(A)(1) Immigration and Nationality Act (CT:VISA-1; 11-18-2015)
Can a derivative beneficiary of an approved immigrant visa petition?
(1) A derivative beneficiary of an approved immigrant visa petition cannot bestow upon someone else the immigration status they, themselves, have derived from the principal beneficiary. (2) For example, if an LPR files a second preference petition for his wife, she is the principal beneficiary of the status accorded by the petition.
“lead beneficiary” in his or her own right, if a petition was filed for the child directly. When Children Can Immigrate as Derivative Beneficiaries. A child can be a derivative beneficiary if two requirements are met. First, the child must meet the legal definition of “child” under U.S. immigration law. (See I.N.A. § 101(b).)
How old do you have to be to apply for derivative refugee status?
The applicant’s age is frozen on the date of the refugee parent’s interview. So long as the child was under 21 on the date of the interview, he or she will not age out of eligibility for derivative refugee status or adjustment of status.
Can a child derivative on a green card age out?
Here, the Court found that certain child derivatives on green card applications can age out despite the protections of the CSPA.